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11 April 2025 / Professor Mark Engelman
Issue: 8112 / Categories: Features , Competition , Intellectual property , Consumer
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Proving trade mark dilution

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Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman
  • Discusses in detail judgments from the UK, EU and US on matters relating to trade mark dilution, examining the different approaches in jurisdictions.
  • Explains that the protection enjoyed by trade marks with reputation should be based on evidence that represents the state of the market as a whole, rather than evidence of occasional and individual instances of consumer behaviour.

There is a well-known Indian parable about the blind men and the elephant. When a group of blind men heard that a strange animal called an elephant had been brought into town, they came to see it because none of them were aware of its shape or form. One said: ‘We must inspect and know it by touch, of which we are capable.’ The first landed upon the trunk and said: ‘This being is like a thick snake.’ Another man’s hand reached its ear and said it seemed like a kind of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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